[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Notices]
[Pages 35519-35520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12565]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-182 EA-07-160]


In the Matter of Purdue University (Purdue University Research 
Reactor); Order Modifying Facility Operating License No. R-87

I

    Purdue University (the licensee) is the holder of Facility 
Operating License No. R-87 (the license) issued on August 16, 1962, by 
the U.S. Atomic Energy Commission, and subsequently renewed on August 
8, 1988, by the U.S. Nuclear Regulatory Commission (the NRC or the 
Commission). The license authorizes operation of Purdue University 
Research Reactor (the facility) at a power level up to 1 kilowatt 
thermal. The facility is a research reactor located on the campus of 
Purdue University, in the city of West Lafayette, Tippecanoe County, 
Indiana. The mailing address is Radiation Laboratories, Purdue 
University, Nuclear Engineering Building, 400 Central Drive, West 
Lafayette, IN 47907-2017.

II

    Title 10 of the Code of Federal Regulations (10 CFR) Section 50.64, 
limits the use of high-enriched uranium (HEU) fuel in domestic non-
power reactors (research and test reactors) (see 51 FR 6514). The 
regulation, which became effective on March 27, 1986, requires that if 
Federal Government funding for conversion-related costs is available, 
each licensee of a non-power reactor authorized to use HEU fuel shall 
replace it with low-enriched uranium (LEU) fuel acceptable to the 
Commission unless the Commission has determined that the reactor has a 
unique purpose. The Commission's stated purpose for these requirements 
was to reduce, to the maximum extent possible, the use of HEU fuel in 
order to reduce the risk of theft and diversion of HEU fuel used in 
non-power reactors.
    Paragraphs 50.64(b)(2)(i) and (ii) require that a licensee of a 
non-power reactor: (1) Not acquire more HEU fuel if LEU fuel that is 
acceptable to the Commission for that reactor is available when the 
licensee proposes to acquire HEU fuel and (2) replace all HEU fuel in 
its possession with available LEU fuel acceptable to the Commission for 
that reactor in accordance with a schedule determined pursuant to 10 
CFR 50.64(c)(2).
    Paragraph 50.64(c)(2)(i) requires, among other things, that each 
licensee of a non-power reactor authorized to possess and to use HEU 
fuel develop and submit to the Director of the Office of Nuclear 
Reactor Regulation (Director) by March 27, 1987, and at 12-month 
intervals thereafter, a written proposal for meeting the requirements 
of the rule. The licensee shall include in its proposal a certification 
that Federal Government funding for conversion is available through the 
U.S. Department of Energy or other appropriate Federal agency and a 
schedule for conversion, based upon availability of replacement fuel 
acceptable to the Commission for that reactor and upon consideration of 
other factors such as the availability of shipping casks, 
implementation of arrangements for available financial support, and 
reactor usage.
    Paragraph 50.64(c)(2)(iii) requires the licensee to include in the 
proposal, to the extent required to effect conversion, all necessary 
changes to the license, to the facility, and to licensee procedures. 
This paragraph also requires the licensee to submit supporting safety 
analyses in time to meet the conversion schedule.
    Paragraph 50.64(c)(2)(iii) also requires the Director to review the 
licensee proposal, to confirm the status of Federal Government funding, 
and to determine a final schedule, if the licensee has submitted a 
schedule for conversion.
    Section 50.64(c)(3) requires the Director to review the supporting 
safety analyses and to issue an appropriate enforcement order directing 
both the conversion and, to the extent consistent with protection of 
public health and safety, any necessary changes to the license, the 
facility, and licensee procedures. In the Federal Register notice of 
the final rule (51 FR 6514), the Commission explained that in most, if 
not all, cases, the enforcement order would be an order to modify the 
license under 10 CFR 2.204 (now 10 CFR 2.202).
    Section 2.309 states the requirements for a person whose interest 
may be affected by any proceeding to initiate a hearing or to 
participate as a party.

III

    On August 13, 2006, as supplemented on May 3, 2007, the licensee 
submitted its conversion proposal. The NRC staff is in the process of 
reviewing the conversion proposal. On May 25, 2007, the licensee 
submitted an additional letter as part of its conversion proposal, 
which indicated that early approval to changes to the uranium-235 
possession limit in its license were needed to support the proposed 
schedule for conversion to LEU fuel. The receipt and possession, but 
not use in the reactor, of the LEU fuel are required by the licensee at 
this time to assemble the fuel elements in order to meet the proposed 
timely conversion. The LEU fuel contains the uranium-235 isotope at an 
enrichment of less than 20 percent. The NRC staff reviewed the 
licensee's proposal and the requirements of 10 CFR 50.64, and has 
determined that the public health and safety and common defense and 
security require the licensee to receive and possess the LEU fuel prior 
to the conversion. This is necessary so the LEU fuel elements may be 
prepared to convert the reactor from

[[Page 35520]]

HEU fuel in accordance with the schedules planned by the Department of 
Energy to support U.S. non-proliferation policies and the licensee to 
support its academic mission.

IV

    Accordingly, pursuant to Sections 51, 53, 57, 101, 104, 161b, 161i, 
and 161o of the Atomic Energy Act of 1954, as amended, and to 
Commission regulations in 10 CFR 2.202 and 10 CFR 50.64, It is hereby 
ordered that:
    Facility Operating License No. R-87 is modified by adding the 
following license condition:

    2.B.(4) Pursuant to the Act and 10 CFR Part 70, ``Domestic 
Licensing of Special Nuclear Material,'' to receive and possess, but 
not use in the reactor, in addition to the amount specified under 
License Condition 2.B.(2), up to 4.0 kilograms of contained uranium-
235 in the form of reactor fuel, at enrichments less than 20 
percent.

This Order will be effective 20 days after the date of publication of 
this Order in the Federal Register.

V

    Pursuant to the Atomic Energy Act of 1954, as amended, any person 
adversely affected by this Order may submit an answer to this Order, 
and may request a hearing on this Order, within 20 days of the date of 
this Order. Any answer or request for a hearing shall set forth the 
matters of fact and law on which the person adversely affected, relies 
and the reasons why the Order should not have been issued. Any answer 
or request for a hearing shall be filed: (1) By first class mail 
addressed to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) by courier, express mail, and expedited 
delivery services to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, 
Attention: Rulemaking and Adjudications Staff. Because of possible 
delays in delivery of mail to the United States Government Offices, it 
is requested that answers and/or requests for hearing be transmitted to 
the Secretary of the Commission either by e-mail addressed to the 
Office of the Secretary, U.S. Nuclear Regulatory Commission, 
[email protected]; or by facsimile transmission addressed to the 
Office of the Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC, Attention: Rulemakings and Adjudications Staff at 301-
415-1101 (the verification number is 301-415-1966). Copies of the 
request for hearing must also be sent to the Director, Office of 
Nuclear Reactor Regulation and to the Assistant General Counsel for 
Materials Litigation and Enforcement, Office of the General Counsel, 
with both copies addressed to the U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and the NRC requests that a copy also be 
transmitted either by facsimile transmission to 301-415-3725 or by e-
mail to [email protected].
    If a person requests a hearing, he or she shall set forth in the 
request for a hearing with particularity the manner in which his or her 
interest is adversely affected by this Order and shall address the 
criteria set forth in 10 CFR 2.309.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission shall issue an Order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Order should be sustained.
    In accordance with 10 CFR 51.10(d) this Order is not subject to 
Section 102(2) of the National Environmental Policy Act, as amended. 
The NRC staff notes, however, that with respect to environmental 
impacts associated with the changes imposed by this Order as described 
in the safety evaluation, the changes would, if imposed by other than 
an Order, meet the definition of a categorical exclusion in accordance 
with 10 CFR 51.22(c)(9). Thus, pursuant to either 10 CFR 51.10(d) or 
51.22(c)(9), no environmental assessment nor environmental impact 
statement is required.
    For further information see the letter from the licensee dated May 
25, 2007 (Agencywide Documents Access and Management System (ADAMS) 
Accession No. ML071500054), the application for conversion and safety 
analysis report (ADAMS Accession No. ML062400495 and ML070920272), the 
NRC staff's request for additional information (ADAMS Accession No. 
ML070680273), the licensee's reply (ADAMS Accession No. ML071410299) 
and the cover letter to the licensee and the staff's safety evaluation 
dated June 21, 2007 (ADAMS Accession No. ML071550409), available for 
public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the ADAMS Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who have problems in accessing the documents in ADAMS should 
contact the NRC PDR reference staff by telephone at 1-800-397-4209 or 
301-415-4737 or by e-mail to [email protected].

    Dated this 21st day of June 2007.

    For the Nuclear Regulatory Commission.
James T. Wiggins,
Acting Director, Office of Nuclear Reactor Regulation.
 [FR Doc. E7-12565 Filed 6-27-07; 8:45 am]
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